Understanding Disclosures and Legal Obligations

When you’re selling your home in Arizona, disclosure isn’t optional—it’s the law. Sellers are required to inform buyers of known facts that could affect the property’s value or the buyer’s decision to purchase. Being transparent not only builds trust but also protects you from future legal complications.

What Sellers Must Disclose in Arizona

Arizona law requires sellers to disclose material facts—meaning any information that could influence a buyer’s decision. These are commonly shared using the SPDS (Seller’s Property

Disclosure Statement), which is a standard form developed by the Arizona Association of Realtors (AAR).

While sellers aren’t required to investigate or discover unknown problems, they are required to disclose any known issues. These may include:

• Roof leaks or past water damage

• Structural problems or foundation issues

• Pest infestations (e.g., termites)

• Plumbing, electrical, or HVAC defects

• History of repairs, remodels, or improvements

• Environmental hazards (e.g., mold, asbestos)

• Any known zoning violations or boundary disputes

• Homeowners Association (HOA) rules and fees

• Neighborhood nuisances (noise, odors, etc.)

If you're aware of it and it might affect the buyer’s use or enjoyment of the home, it’s safer to disclose it.

How Sellers Can Protect Themselves

1. Use the SPDS Form. This document guides you through disclosure categories and helps ensure all important information is provided in writing. It reduces ambiguity and provides legal protection.

2. Be Honest, Not Alarmist. You don’t need to exaggerate defects, but don’t downplay them either. State facts clearly and accurately.

3. Disclose in Writing. Verbal disclosures aren’t enforceable. Make sure everything is documented.

4. Don’t Guess. If you’re unsure about a detail (like the exact age of the roof), mark it as “unknown” rather than guessing.

5. Keep Repair Records. Any invoices or receipts for repairs or inspections help prove transparency and care for the home.

Misconceptions to Avoid

• “Selling ‘as-is’ means I don’t have to disclose.” False. Even in an as-is sale, you must disclose known defects.

• “If I fix a problem, I don’t have to mention it.” Also false. You’re still required to disclose the issue, even if it was resolved, especially if it was major (like a foundation crack or water damage).

Why Working with a Realtor Helps

As your agent, I ensure all state-required forms (including the SPDS and the Lead-Based Paint Disclosure for homes built before 1978) are completed accurately and delivered on time. I also advise you on how to present disclosures in a way that’s honest and legally sound, without unnecessarily scaring off buyers.

Final Thoughts

Disclosing property issues might feel intimidating, but it’s one of the best tools you have to protect yourself legally and ethically. A transparent sale builds buyer trust, reduces liability, and helps ensure your transaction closes smoothly.

If you're considering selling your home in Northern Arizona, let's connect. I’ll guide you through every legal step with confidence and care.

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Whether you're just starting to explore or you're ready to put in an offer, having the right guide makes all the difference.  Let’s connect — I’ll help you navigate the Northern Arizona market with confidence, clarity, and a strategy that fits your goals.

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